Monster et al v. Creatd Inc
| Robert W Monster, Anonymize, Inc. and Anonymize Inc |
| Creatd, Inc. and Creatd Inc |
| Epik Holdings, Inc. |
| 2:2021cv01177 |
| August 30, 2021 |
| US District Court for the Western District of Washington |
| Michelle L Peterson |
| Thomas S Zilly |
| Trademark |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER signed by Hon. Michelle L. Peterson, GRANTING in part and DENYING in part Monster Parties' #30 Motion to Dismiss. (TF)
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| Filing 38 MINUTE ENTRY for proceedings held before Hon. Michelle L. Peterson- Dep Clerk: tfarrell; Pla Counsel: Derek Linke, Daniel Prince; Def Counsel: Anna Adelstein, Emanuel Jacobowitz; CR: Zoom video recording; Time of Hearing: 2:00pm; Courtroom: via Zoom video;Motion Hearing held on 5/16/2022 re #30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6) filed by Robert W Monster, Anonymize Inc, Epik Holdings, Inc. Counsel appear via Zoom video. Court reviews record. Court conducts colloquy, hears oral argument from parties re: #30 motion. Court takes under advisement. (TF) |
| Filing 37 NOTICE of Oral Argument Hearing re: #30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6): Motion Hearing set for 5/16/2022 at 02:00 PM before Hon. Michelle L. Peterson. The clerk will send Zoom invite. (TF) |
| Filing 36 REPLY, filed by Counter Defendants Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc., TO RESPONSE to #30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6) (Linke, Derek) |
| Filing 35 RESPONSE, by Counter Claimant Creatd Inc, Defendant Creatd Inc, ThirdParty Plaintiff Creatd Inc, ThirdParty Defendant Epik Holdings, Inc., to #30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6). Oral Argument Requested. (Jacobowitz, Emanuel) |
| Filing 34 NOTICE OF WITHDRAWAL OF COUNSEL: for Counter Claimant Creatd Inc, Defendant Creatd Inc, ThirdParty Plaintiff Creatd Inc. (Cloutier, Priya) |
| Filing 33 NOTICE of Appearance by attorney Emanuel Fraser Jacobowitz on behalf of Counter Claimant Creatd Inc, Defendant Creatd Inc, ThirdParty Plaintiff Creatd Inc. (Jacobowitz, Emanuel) |
| Filing 32 MINUTE ORDER signed by Hon. Michelle L. Peterson, United States Magistrate Judge; The Court STRIKES Counterclaim Defendants' first motion to dismiss (dkt. #27 ) as MOOT. (TF) |
| Filing 31 DECLARATION of Derek Linke filed by Counter Defendants Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc. re #30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6) (Attachments: #1 Exhibit January 10, 2022, email from Linke to Cloutier, #2 Exhibit January 12, 2022, email from Linke to Uretsky, #3 Exhibit January 18, 2022, email from Linke to Uretsky, #4 Exhibit January 21, 2022, email from Uretsky to Linke, #5 Exhibit March 17, 2022, email from Linke to Uretsky, Cloutier, and Adelstein)(Linke, Derek) |
| Filing 30 MOTION to Dismiss for Failure to State a Claim for Relief Under Rule 12(b)(6), filed by Counter Defendants Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc.. Oral Argument Requested. Noting Date 4/22/2022, (Linke, Derek) |
| Filing 29 AMENDED COMPLAINT against defendant(s) Creatd Inc, filed by Creatd Inc. (Attachments: #1 Exhibit Exhibit A)(Cloutier, Priya) |
| Filing 28 DECLARATION of Derek Linke filed by Counter Defendants Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc. re #27 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) Or, in the Alternative, to Strike Under Rule 12(f) (Attachments: #1 Exhibit 1 - January 10, 2022, email from Linke to Cloutier, #2 Exhibit 2 - January 12, 2022, email from Linke to Uretsky, #3 Exhibit 3 - January 18, 2022, email from Linke to Uretsky, #4 Exhibit 4 - January 21, 2022, email from Uretsky to Linke)(Linke, Derek) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim Under Rule 12(b)(6) Or, in the Alternative, to Strike Under Rule 12(f), filed by Counter Defendants Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc.. Oral Argument Requested. Noting Date 4/1/2022, (Linke, Derek) |
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Filing 26
ORDER re #25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anna Elisabeth Adelstein for Defendant/Third Party Plaintiff/Counter Claimant Creatd Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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| Filing 25 APPLICATION OF ATTORNEY Anna Elisabeth Adelstein FOR LEAVE TO APPEAR PRO HAC VICE for Counter Claimant Creatd Inc, Defendant Creatd Inc, ThirdParty Plaintiff Creatd Inc (Fee Paid) Receipt No. AWAWDC-7399741 (Cloutier, Priya) |
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Filing 24
ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE by Hon. Michelle L. Peterson. Jury Trial is set for 6/26/2023 at 09:00 AM in Courtroom 12A before Hon. Michelle L. Peterson. Joinder of Parties due by 1/10/2022, Amended Pleadings due by 2/10/2022, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/19/2022, Motions due by 1/18/2023, Discovery completed by 1/18/2023, Dispositive motions due by 3/20/2023, Motions in Limine due by 5/23/2023, Pretrial Order due by 6/6/2023, Rebuttal Expert Disclosure/Reports due by 10/17/2022, Trial briefs/Proposed voir dire/jury instructions due by 6/16/2023, Pretrial Conference set for 6/21/2023 at 01:30 AM in Courtroom 12A before Hon. Michelle L. Peterson. (TF)
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Filing 23
ORDER by Hon. Michelle L. Peterson, re Parties' #20 -2 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. (KMP)
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| Filing 22 MINUTE ORDER denying parties' #20 -1 Proposed Stipulated Protective Order, Authorized by Hon. Michelle L. Peterson. (KMP) |
| Filing 21 CONSENT by all parties to proceed before a Magistrate Judge re: Joint Status Report. Case assigned to Hon. Michelle L. Peterson. (TF) |
| Pursuant to the parties' consent, as indicated in their Joint Status Report, docket no. #20 , this case is reassigned to Honorable Michelle L. Peterson, United States Magistrate Judge. Judge Thomas S. Zilly is no longer assigned to the case. (KK) |
| Filing 20 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10-14. (Attachments: #1 A - Proposed Stipulated Protective Order, #2 B - ESI Agreement and Proposed Order)(Linke, Derek) |
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Filing 19
MINUTE ORDER granting Parties' #18 Stipulated MOTION TO SET DEADLINE TO RESPOND TO COUNTERCLAIMS AND THIRD-PARTY CLAIMS. The deadline for filing a responsive pleading or motion is 1/10/2022. (Attorneys Prince, Linke, and Newman added for Epik Holdings, Inc). Authorized by Judge Thomas S. Zilly.(MW)
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| Filing 18 Stipulated MOTION TO SET DEADLINE TO RESPOND TO COUNTERCLAIMS AND THIRD-PARTY CLAIMS, filed by Counter Defendants Anonymize Inc, Robert W Monster, Plaintiffs Anonymize Inc, Robert W Monster, ThirdParty Defendant Epik Holdings, Inc.. Noting Date 11/29/2021, (Linke, Derek) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Epik Holdings, Inc. (Linke, Derek) |
| Filing 16 WAIVER AFFIDAVIT of Service of Summons and Complaint on Epik Holdings, Inc., mailed on 11/9/2021, filed by ThirdParty Plaintiff Creatd Inc. (Cloutier, Priya) Modified on 11/29/2021 (MW). |
| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Jerrick Ventures, LLC, Other Affiliate Abacus Tech Pty Ltd, Other Affiliate Sellers Choice, LLC, Other Affiliate Recreatd, LLC, Other Affiliate Give, LLC, Other Affiliate Creatd Partners, LLC, Other Affiliate Plant Camp, LLC, Other Affiliate Sci-Fi Shop, LLC, Other Affiliate OG Collection, LLC, Other Affiliate VMENA LLC, Other Affiliate Vocal For Brands, LLC, Other Affiliate Vocal Ventures, LLC, Other Affiliate What to Buy, LLC, Other Affiliate WHE Agency, Inc, Other Affiliate Dune, Inc for Creatd Inc, Creatd Inc, Creatd Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Creatd Inc (Cloutier, Priya) |
| Filing 14 Summons(es) Electronically Issued as to third-party defendant Epik Holdings, Inc. (MW) |
| Filing 13 REQEUST TO ISSUE THIRD-PARTY SUMMONS SERVICE OF SUMMONS Returned Unexecuted - attempted upon defendant Epik Holdings, Inc.. (Cloutier, Priya) Modified on 11/9/2021 (MW). |
| Filing 12 ANSWER to Complaint, with JURY DEMAND; THIRD PARTY COMPLAINT against Robert W Monster, Anonymize Inc, Epik Holdings, Inc.; COUNTERCLAIM against Robert W Monster, Anonymize Inc plaintiff All Parties by Creatd Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Cloutier, Priya) Modified on 11/9/2021 (MW). |
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Filing 11
ORDER re #8 Application for Leave to Appear Pro Hac Vice, #10 Application. The Court ADMITS Attorney Jonathan Uretsky for Defendant Creatd Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Set/Reset Deadlines: Per the telephonic request of all counsel, the following deadlines are EXTENDED: FRCP 26(f) Conference Deadline is 11/15/2021, Initial Disclosure Deadline is 12/6/2021, and Joint Status Report is due by 12/6/2021. (KK) |
| Filing 10 APPLICATION OF ATTORNEY Jonathan Uretsky FOR LEAVE TO APPEAR PRO HAC VICE by Defendant Creatd Inc. Receipt No. AWAWDC-7283425 (Cloutier, Priya) |
| Filing 9 PROPOSED ORDER (Unsigned) re #8 Application for Leave to Appear Pro Hac Vice (Cloutier, Priya) |
| Filing 8 APPLICATION OF ATTORNEY Jonathan Uretsky FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Creatd Inc (Fee Paid) Receipt No. AWAWDC-7283425 (Cloutier, Priya) Modified on 10/8/2021 contact filer re filing corrected application (CDA). |
| Filing 7 NOTICE of Appearance by attorney Priya Sinha Cloutier on behalf of Defendant Creatd Inc. (Cloutier, Priya) |
| Filing 6 WAIVER OF SERVICE of Summons upon defendant Creatd Inc mailed on 9/7/2021 (Linke, Derek) |
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Filing 5
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Thomas S. Zilly: Joint Status Report due by 11/1/2021, FRCP 26(f) Conference Deadline is 10/18/2021, Initial Disclosure Deadline is 11/1/2021. (KK)
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| Filing 4 Summons Electronically Issued as to defendant Creatd Inc (CDA) |
| Filing 3 REPORT on the filing or determination of an action. Emailed to the US Patent Office (CDA) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Epik Holdings, Inc. for Anonymize, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Anonymize, Inc. (Linke, Derek) |
| Judge Thomas S. Zilly added. (CDA) |
| Filing 1 COMPLAINT against defendant(s) Creatd, Inc. with JURY DEMAND (Receipt # AWAWDC-7229901) Attorney Derek Linke added to party Anonymize, Inc.(pty:pla), Attorney Derek Linke added to party Robert W Monster(pty:pla), filed by Robert W Monster, Anonymize, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Linke, Derek) |
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